“Bleeding hearts in law school”

By: Ryan MacIsaac · January 31, 2010 · Filed Under Civil Rights, Constitutional Law, Criminal Law, International Law, Law School, Politics · 8 Comments 

On Friday, Kory Teneycke, a former top adviser to PM Stephen Harper, was interviewed on CTV’s Power Play about the Khadr decision:

Here’s a transcript of the best parts:

All of the same sob story that we are hearing for Omar with a slightly different spin on it. This guy is a little terrorist, he deserves to stay in jail until he faces a trial. What Omar Khadr’s lawyer would like and some of the bleeding hearts in law school would like to have Omar Khadr come back to Canada and walk free. In fact I think they would take it a step further, like to sue the Canadian government and try to get him millions

So, I don’t think that Canadians are going to be offended, this sort of line of “his rights are abused” might win applause at law schools but not with regular Canadians.

Aside from showcasing the Harper government’s ideological approach to human rights, Teneycke’s dialogue serves to remind us of the importance of the Charter with respect to individual rights. As eloquently stated by then-Chief Justice Dickson, the Charter safeguards minorities from the “tyranny of the majority” (R. v. Big M Drug Mart Ltd., [1985] S.C.J. No. 17 at para. 96).

I personally hope that most Canadians would prefer to see an alleged terrorist brought before our functional justice system, rather than lower our justice system to a terrorist-like level of disregard for human rights. But even if the Harper government, and the majority of Canadians, wouldn’t care to see Khadr treated as a human being, there is still Charter-based justification for the judiciary (and the “bleeding hearts in law school”) to seek protection of his fundamental rights.

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